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2024 Supreme(Kar) 35

SURAJ GOVINDARAJ
MUDIYAPPA S/O AYYAPPA BHAGAVATI – Appellant
Versus
BASAVARAJ @ BASAPPA S/O SHIVAPPA BHAGAVATI – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: SHIVRAJ S. BALLOLI.
For the Respondents: PRAVEEN UPPAR, VIDYASHANKAR G. DALWAI.

ORDER :

1. The petitioner is before this Court seeking the following reliefs:

    (i) Issue a Writ of Certiorari quashing the impugned judgment dated 10/11/2023 passed by the learned Principal Senior Civil Judge and CJM, Bagalkote, in E.P. No. 1/2021, vide Annexure-A.

(ii) Pass any other orders as this Hon’ble Court may deem fit in the interests of justice and equity.

2. Respondent No. 1 had filed an election petition against the petitioner as also respondent Nos. 2 to 10 in E.P. No. 1/2021, on the file of learned Prl. Senior Civil Judge and CJM, Bagalkote challenging election of petitioner to the Bevoor Gram Panchayath, Dist: Bagalkote held on 27.12.2020.

3. The said Election Petition having been allowed and the election of respondent No. 1 having been declared void the petitioner was respondent No. 1 therein is before this Court seeking for the aforesaid reliefs.

4. The contention of Sri. Shivaraj S.Balloli is that, the Trial Court completely misapplied itself inasmuch as the allegation made against the petitioner was only that he had not disclosed an acquittal in a criminal proceedings. The submission in this regard is that it is only if there is a conviction and or the said criminal proc

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